Head Injuries and Headaches Settlement Amounts

Our lawyers have handled scores of lawsuits where the primary injury was head injuries and headaches.  This page is about projecting settlement amounts and jury payouts in head injury and headache lawsuits.

Juries Struggle to Place Compensation on Headaches

Juries struggle with figuring out how to value personal injury cases when the primary injury is a closed head injury that caused —  and may continue to cause — headaches.

Why? Because headaches are mostly subjective. So the credibility of the plaintiff – which is usually 90% of the game at trial – becomes the entire game because you can’t know the pain level inside someone’s head.  Similarly, how do you really prove short-term memory loss?  Instead, decide if you believe the victim’s report of pain or loss of function is what she says it is.

Certainly, objective injuries surrounding the claim — like a diagnosis of post-concussion syndrome  — bolster the settlement value of injury claims.  But, ultimately, it boils down to the credibility of the victim.

What Is the Settlement Value of Headaches?

The average verdict for headache injuries is $72,168. The median verdict is $13,359.

The awards ranged from $1 to $14,810,734.  One percent of the awards in headache cases were over $1 million.  This data is a bit older but I feel pretty confident the 2022 average and median would be similar.

Putting this in context, the average award in a personal injury case nationally is approximately $791,756. Verdicts in headache cases are 5% of the national average?   This is not unreasonable in many cases.  But I believe in cases with significant collision and lingering headache symptoms, like post-concussion syndrome, which our lawyers frequently see, the settlement payouts are much higher.

Head Injury Compensation Payout Averages

The median compensation award for those under 18 was $7,463. For plaintiffs between 19 and 39, the median payout was $8,858. Once you get over 60, the awards rise to $13,454. Here are a few more head injury compensation payouts statistics of interest:

• Skull fracture average verdict: $271,385
• Closed head injury average verdict: $271,385
• Head and skull injuries overall average verdict: $123,603

How Is Headache Settlement Amount Calculated?

Verdicts in headache cases can exceed a million dollars, albeit rarely as we saw in the statistics above. What do those headaches after car accident settlements and verdicts have that the average case does not?

These head injury cases usually have three components: (1) an objective head injury, (2) severe property damage, and (3) the testimony of a doctor who believes that (a) the headaches caused by the accident, and (b) there is no expectation that the plaintiff will get relief from the headaches in the future.

I’m not saying that without these the plaintiff is not seriously injured. But being seriously injured and getting a jury verdict on a head injury claim commensurate with those injuries is two different things.

Interestingly, a full 42% of the car accident headache injuries in the study involved rear-end accidents. Intersection collisions made up 21% and turning collisions made up another 11%. [It is important to remember that these settlements and verdicts statistics are all civil tort cases.  The law treats worker’s compensation cases differently, and the values of those cases are typically much lower.]

• The settlement value of car accident cases in Maryland
• Brain injury lawsuit settlements in motor vehicle accidents
• Sample verdicts and settlements in rear-end car accidents, a type of accident that commonly causes reoccurring headaches
• The settlement value of post-concussion syndrome lawsuits in motor vehicle accidents (2021 update)

Headache Values By the Numbers

Sometimes, a good graphic helps better than seeing the numbers on the page.

Sample Headache Verdicts and Settlements

Below are settlements and verdicts in headache injury cases.  You can find several Maryland cases (and a disclaimer on how to use these verdicts) here.

2024 – New Jersey $15,000 Settlement: The plaintiff, a minor, reportedly suffered a 1.5 cm laceration above her eyelid, resulting in scarring, and headaches after she was struck by a metal cart being pushed by an employee of defendant Wawa Inc. while she was a guest in the store. The plaintiff’s guardians sought approval of the settlement offer.

2024 – Pennsylvania $7,600 Settlement: The plaintiff reported post traumatic headaches and cervical and lumbar strains after his vehicle was struck from the rear by a truck leased and/or controlled by the defendant, a baking company.

2023 – New York $11,000 Settlement: The plaintiff, a minor, allegedly suffered a concussion, post-traumatic headaches and dizziness when the sedan in which he was a passenger, stopped in traffic, waiting to turn left, was rear-ended by defendant. The settlement was submitted for court approval. This is great example because headaches appear to be the only alleged injury.

2022 – Washington – $350,760 Settlement: Plaintiff (47-year-old female) was working as a delivery person. While delivering a package to the defendants’ house she was attacked by dogs which knocked her backward off the steps causing her to strike the back of her head. Plaintiff suffered head injury and had to undergo surgery. She also alleged that the head injury resulted in post-traumatic stress disorder (PTSD). She brought premises liability case against the homeowners. The case settled for $350,760.

2021 – Texas – $199,000 Verdict: A 57-year-old woman boarded a transit bus. Seconds later, the bus moved while the woman was still standing. The bus driver suddenly braked the vehicle. This caused the woman to fall to the floor. She suffered headaches, a concussion, a cervical strain, and shoulder impingement syndrome. The woman underwent two months of physical therapy. She continued to experience headaches. The woman hired a brain injury attorney and alleged negligence against the bus driver. She claimed he failed to wait for her to sit down before putting and properly braking the vehicle. The woman also made a vicarious liability claim against the local transit authority. The defense denied liability. They argued that the woman should have braced herself with straps and bars as she reached her seat. The jury found the Transit Authority 90 percent liable and the woman 10 percent liable. They awarded $199,000.

2021 – Maryland – $75,000 Verdict: A 67-year-old woman was sideswiped at the intersection of Route 198 and Van Dusen Road in Laurel. She suffered headaches, lumbar sprains and strains, and abdominal strains. The woman underwent two physical therapy rounds. She continued to experience difficulties with bending, kneeling, and climbing stairs. The woman hired a Maryland brain injury lawyer who alleged negligence against the at-fault driver. She claimed he made a negligent lane change and failed to maintain an appropriate lookout. The Prince George’s County jury awarded $75,000.

2021 – California – $2,198,986 Settlement A 53-year-old welder fell off a ladder at a worksite. He suffered a traumatic brain injury, subdural hematoma, a rib fracture, and a pulmonary contusion. The man remained unconscious in the hospital for two days. He developed a stroke. The man underwent in-patient neurorehabilitation. He developed a neurocognitive disorder. The man experienced memory issues, concentration problems, vision impairments, slurred speech, bilateral hearing loss, post-traumatic headaches, left-sided hemiparesis, discogenic lumbar disease, anosmia, and post-traumatic stress disorder. He now requires in-home attendant care. The man filed a workers’ compensation claim. He received a $2,198,986 settlement.

2021 – California – $1,600,000 Settlement:A 40-year-old man cleaned a chandelier in his girlfriend’s salon. He leaned against what he thought was a guard, which opened. The man fell over 10 feet. He suffered a concussion, a skull fracture, intracranial bleeding, a C5-6 herniation, neck fractures, a collarbone fracture, thoracic fractures, rib fractures, a pneumothorax, and pulmonary contusions. The man also suffered anterograde amnesia for approximately 20 hours. He initially underwent a chest tube procedure for his pneumothorax. A week later, the man underwent a scapular repair procedure. He also underwent cervical procedures, wore a cervical collar for several weeks, underwent rehabilitative therapy, and performed breathing exercises. The man continued to experience anosmia, spinal radiculopathy, chronic headaches, dizziness, and nausea. He also now suffers from acrophobia.  He alleged negligence against his girlfriend. The man claimed she failed to maintain safe premises and comply with California building codes. He received a $1,600,000 settlement.

2021 – Mississippi – $31,639 Verdict: A 51-year-old man was sideswiped. He suffered a concussion and briefly lost consciousness. The man also suffered soft-tissue injuries. He experienced recurring post-concussion headaches. The man alleged negligence against the at-fault driver. He claimed she made a negligent left turn and failed to yield the right-of-way. The man received a $31,639 verdict.

2020 – Washington – $30,652 Arbitration: A man approached a green light at an intersection on Thanksgiving Day. Another man ran a red light and collided with his vehicle. He suffered constant headaches and soft-tissue injuries to his shoulder, neck, and back. The man underwent chiropractic and massage therapy to treat his injuries.

2020 – Michigan – $1,800,000 Settlement A police cruiser struck a 25-year-old landscaper’s vehicle. An ambulance transported the man to a hospital, where staff diagnosed him with a traumatic brain injury that caused him to lose consciousness and experience memory problems. He was also diagnosed with tears in his right leg. While hospitalized, he received speech, cognitive, occupational, and physical therapy. He was then transferred to an inpatient rehabilitation facility, where he stayed for a month. The man now experienced chronic pain syndrome and sensitivity to light and sound. He was also diagnosed with post-traumatic stress disorder and depression. His doctors claim that he is now permanently disabled.

2018 – Washington $25,393 Settlement: The plaintiff is driving in downtown Seattle when he slows down for traffic ahead. The defendant is following too closely behind and hits the rear of Plaintiff’s vehicle. It is a very minor impact collision with minimal property damage. The plaintiff claims to suffer from headaches and back sprains because of the accident.

2018 – Iowa $25,460 Verdict: Plaintiff is proceeding through a 2-way stop intersection in Sioux City, and Defendant admittedly runs a stop sign and strikes her on the back rear side.  The plaintiff brings suit for alleged injuries, including severe headaches and soft tissue injuries to her neck and back. The defendant admits fault for the accident but disputes the nature and extent of Plaintiff’s injuries.  The jury awards $16,628 for past medical expenses and $8,832 for pain and suffering.

2018 – Alabama $85,000 Settlement: Plaintiff minor is riding in the back seat with her mother when Defendant veers into their lane and hits them after taking his eyes off the road to look for his dropped cell phone. The defendant is charged with being under the influence of drugs. The plaintiff suffers a mild contusion on her head and claims injuries, including headaches, dizziness, appetite loss, and concentration.

2018 – Louisiana $30,113 Verdict: The plaintiff is stopped at an intersection in New Orleans when Defendant cannot stop and rear-ends him.  The plaintiff alleges injuries including neck and back sprains and persistent headaches.  Bench trial results in an award of $5,113 for past medical expenses and $25,000 for pain and suffering.

2017 – Nebraska $103,000 Settlement: Plaintiff has the bad fortune of getting rear-ended in three accidents over six months.  She suffers a neck injury and headaches in the first crash, exacerbated by the second two.  She sues all three defendants. Ultimately, she settles with all three.

2016 – New York $1,000,000 Arbitration: Rear-end accident. Plaintiff suffers from head trauma causing vertigo, headaches, and tinnitus, which will also remain permanent. He is in pain frequently, must take medication for the headaches, and suffers hearing loss.

2016 – New Jersey $225,000 Settlement: Plaintiff suffers from cervical trauma resulting in frequent headaches along with radiating cervical pain. The defense argues causation as the collision only resulted in minimal impact damage. Plaintiff argues that she had no prior symptoms or treatment, and it is only after the accident that her long history of headaches started.

2015 – Texas $166,232 Verdict: The plaintiff suffers a spinal cord injury and a closed head injury, resulting in permanent cognitive deficits, headaches, and daily seizures. Liability is admitted, but damages are disputed.

2015 – California $100,000 Settlement: Plaintiff, a 23-year-old female, suffers from neck injuries and develops occipital neuralgia in the back of her head. Occipital neuralgia a headache that starts in the back of the head and neck and travels behind the eyes to the scalp. Nerve block injections are not effective and she misses extensive time from work.

2015 – Minnesota $43,384 Verdict: Plaintiff is rear-ended by the defendant’s vehicle, and as a result, she suffers injuries to her neck and right shoulder. She also has permanent headaches. She sues the defendants for pain and suffering, medical expenses, lost earning capacity, and loss of spousal consortium. The defendant argues that her own negligent driving contributed to the collision.

2014 – New Jersey $100,000 Settlement The plaintiff, in her mid 30’s suffers a cervical herniation and occipital neuralgia, which causes frequent headaches. She undergoes extensive treatment, including physical therapy, injections, and medications. A jury awards her $775,000, and the case then settled for $100,000 policy limits because of a prior high/low agreement.

2014 – Washington – $600,000 Verdict Plaintiff develops headaches and neck and back pain after he goes home. He sees his primary care provider who diagnoses him with post-concussive syndrome, neck and back sprains, and dizziness. A neuropsychological evaluation shows that he also has memory, attention/concentration, and visuospatial deficits. Because of his cognitive loss, he cannot manage his business and loses it.

2014 – Florida – $318,541 Verdict The plaintiff suffers headaches and neck pain from a collision, and his treatment led to a spinal fusion. The defendant denies that the plaintiff suffers a permanent injury, and denies that the accident caused or contributes to the alleged headaches and his spinal fusion.

Headache Injury Claims

Headache injury claims our lawyers see in our practice can be broadly categorized into two types: traumatic headache injuries and chronic headache injuries.

1. Traumatic headache injuries: These are usually caused by a sudden blow to the head, such as in a car accident or a fall.  Traumatic headache injuries can result in a concussion, skull fracture, or other types of head injuries that can cause headaches. These cases are often easier to prove because there is more supporting objective evidence of injury.
2. Chronic headache injuries: These are caused by long-term exposure to environmental factors such as noise, vibration, or chemicals. Chronic headache injuries can also be caused by repetitive motions, such as those performed by office workers or manual laborers. Chronic headache injuries can lead to migraines, tension headaches, and cervicogenic headaches.

Post-traumatic headaches after a car accident often occur in two weeks following trauma because of a whiplash injury to the neck.    The classic presentation of this type of headache starts in the back of the neck and then radiates to the frontal region. This type of headache is attributed to myofascial trauma.  Some neurologists think that referred pain from damage to the myofascial tissue is the most common source of these often chronic headaches.

Most of these headaches resolve in six months.  But 10-20% do not resolve. Sometimes, headaches are a harbinger of even more significant trauma.  Headaches are a common physical manifestation of a traumatic brain injury (TBI).

What Does the Defense Lawyer Argue in Headache Cases?

Can you win a personal injury case when the primary injury is headaches? Absolutely. But it will often be a fight. The biggest defense insurance companies have headache cases is that you cannot see the injuries.

Ultimately, the jury’s confidence in the honesty and integrity of the plaintiff will be critical to the outcome. This is particularly true with a normal brain MRI and other brain imaging tests.

The biggest defense insurance companies have headache cases is that you cannot see the injuries.  Ultimately, the jury’s confidence in the honesty and integrity of the plaintiff will be critical to the outcome.  This is even truer when there is a normal brain MRI, brain CT, and x-rays. If the onset of the headaches were more than two weeks after the crash, you will have difficulty getting a neurologist or ENT to support your claim.

Migraines from Car Accidents

Insurance companies also have experts who are quick to deny migraine headaches are caused by car accidents, particularly if that crash is not significant.  Many neurologists do not believe post-traumatic migraines occur after automobile accidents. You would think it would be a complex argument to make, but our lawyers always see this defense.  Defense experts typically claim migraine headaches are genetic disorders that run in the family, particularly if the victim claims a headache on one side of the head. Our automobile accident lawyers have seen a lot of mild traumatic brain injury cases in which post-traumatic headaches have migraine features. So it might not technically be a migraine, but it sure feels like one if you are the victim.

Medication-Induced Headaches

When the defense lawyer has a liable plaintiff that is hard to call a liar, they sometimes argue that the victim’s pain medications since the car crash have caused an analgesic rebound or medication overuse headaches.

Exacerbation of Existing Headaches

The most challenging headache cases are an exacerbation of injury when the victim already struggled with headaches and claims the crash made them worse.  Defense neurological experts argue that it is impossible to sort out how much pain is because of the trauma of the crash. You can win these cases.  But you need a credible client and a great expert witness.

• Tinnitus from car accidents
• Chances of winning a personal injury case and how much money claims are worth

How Can I Get a Lawyer to Help Me?

My law firm, Miller & Zois, LLC, handles car accident and other traumatic injury cases involving headaches. Contact us today online or call us at 800-553-8082.

Headache Medical Literature

Below are some new articles on headaches and some older studies that are often used by experts in injury litigation involving headaches and head injuries:

• Fong, C. et al. (2024): Frequency and predictors of headache in the first 12 months after traumatic brain injury: a longitudinal cohort study, Journal of Headache and Pain. This study explores the prevalence and severity of headaches during the first year following a traumatic brain injury. The researchers identify key factors such as injury severity, pre-existing conditions, and demographic influences. The findings highlight the importance of early intervention in managing headaches for TBI patients.
• Capi, M, et. al (2020) Persistent Post-Traumatic Headache and Migraine: Pre-Clinical Comparisons, Int J Environ Res Public Health. 2020 Apr; 17(7): 2585.  This article provides a detailed comparison between persistent post-traumatic headaches (PPTH) and migraines, offering insights into their distinct pathophysiological mechanisms, clinical presentations, and treatment approaches. PPTH often develops following a head injury, with symptoms influenced by trauma-related factors such as neural inflammation and mechanical injury to pain pathways. Migraines, on the other hand, are typically associated with genetic and neurological predispositions and are often triggered by environmental or hormonal factors.  The study highlights differences in headache duration, pain localization, and accompanying symptoms, such as light sensitivity or nausea. These distinctions are critical for clinicians when diagnosing and tailoring treatment strategies for patients.  Our accident lawyers frequently handle cases involving both PPTH and migraines, often as a result of car accidents.  Understanding these differences is essential to ensuring proper medical evaluation and effective legal advocacy for affected individuals.
• Planchuelo-Gómez A, et. al (2020): White matter changes in chronic and episodic migraine: a diffusion tensor imaging study, Journal of Headache and Pain 2020 21:1.  This study uses advanced diffusion tensor imaging (DTI) to investigate white matter changes in the brain associated with both chronic and episodic migraines. The findings reveal that individuals with migraines, particularly those with chronic forms, exhibit alterations in white matter integrity. These changes are likely due to repeated inflammatory and vascular stress on neural pathways involved in pain processing and sensory regulation. The study underscores the physiological differences between chronic and episodic migraines. It points out that chronic migraine sufferers often display more pronounced white matter abnormalities—so it is something you can theoretically test. These insights contribute to the growing understanding of how frequent migraines can lead to long-term neurological impacts. Many of our law firm’s clients report persistent migraines following car accidents, and this research highlights the need for thorough medical evaluation of neurological damage, particularly in cases involving repeated or severe headaches. Recognizing these brain changes can also support claims for long-term care and compensation.
• Nordhaug LH, et. al (2018): Headache following head injury: a population-based longitudinal cohort study (HUNT), Journal of Headache and Pain 2018; 19(1): 8.  This article underscores how a “mild head injury” can be a big deal. The authors found that hospitalized mild head injury patients are more likely to develop new headaches or have an exacerbation of prior headaches.
• Frost RB, et al. (2013): Prevalence of traumatic brain injury in the general adult population: a meta-analysis. Neuroepidemiology 2013 40(3):154–159. Meta-analysis shows 12% of victims who lose consciousness are ultimately diagnosed with a traumatic brain injury. Men were found to be twice the risk of women for a TBI.
• Hickling, E. J., et al. (1992): Motor vehicle accidents, headaches, and posttraumatic stress disorder: Assessment findings in a consecutive series. Headache, 32, 147–151.This study explores the relationship between motor vehicle accidents, headaches, and post-traumatic stress disorder (PTSD). It examines how the psychological trauma of car crashes contributes to the onset or exacerbation of persistent headaches, including tension-type headaches and migraines. The research identifies headaches as a common somatic symptom of PTSD in accident survivors, emphasizing the interplay between physical injury and psychological distress. The findings also highlight the importance of early screening for PTSD in patients experiencing post-accident headaches, as untreated psychological disorders can worsen the frequency and severity of headache symptoms. This study is particularly relevant to our law firm’s clients, as many experience both physical and psychological injuries after car accidents. The research underscores the necessity of addressing both aspects in legal claims to ensure comprehensive care and compensation for affected individuals.
• Elkind AH (1989) Headache and facial pain associated with a head injury. Otolaryngol Clin North Am 1989; 22(6):1251-1271.  This article discusses the need to diagnose the severity of head injuries immediately to avoid missing progressive injuries and how headaches should raise the doctor’s concern.